Corruption Risk Report: Florida Ethics Laws 2 Executive Summary

Florida led the U.S. in federal public corruption convictions from 2000 – 2010, according to U.S.Department of Justice data. Corruption was a top ten factor Forbes magazine pointed to in 2012 when it named three Florida cities to its list of America’s Most Miserable Cities: #1 Miami, #4 West Palm Beach and #7 Fort Lauderdale. Florida also received a failing grade for ethics enforcement agencies on theFlorida Corruption Risk Report Card released in 2012 by State Integrity Investigation.Florida faces a corruption crisis that threatens the state’s reputation, its economy and its ability to attract new jobs and capital. While implementing the ethics reform solutions presented in this report may not decrease the number of corruption convictions in Florida, it would certainly help the state move towards an A grade on the Corruption Risk Report Card and begin to improve the state’s reputation at a time when there is significant competition for jobs.

IT’S TIME FOR THE WRECKING BALL TO SWING THE OTHER WAY
DEMOLISH THE CURRENT SYSTEM OF FAMILY COURTS

As a court observer I have been concerned in what is happening in Family Courts lately. I am struck by the overall apathy of people until it directly affects their lives. Apathy is the very thing that destroys a nation. When we become apathetic we let down our guard and allow the wolves to enter the sheep’s fold. These wolves are cleverly disguised as sheep but no matter what they look like on the outside they are wolves who seek to devour every thing in site. That our current system that allows and encourages high conflict in the Family Court is unacceptable and destructive in nature.

America’s family courts are causing millions of children undue suffering as a result of rulings which result in one parent, usually the father, being cut out of their childcare’s lives. These actions against our children are NOTHING LESS THAN CHILD ABUSE, the results of which we are just now realizing all across this country. If you have any doubt, just Google corrupt family courts, then post a comment.

Collaborates, (foster care givers, Guardian ad Litem volunteers, mental health professionals, parenting coordinators and others) HARASS, LIE, MANIPULATE, VIOLATE COURT ORDERS, COERCE, INTIMIDATE, COMMIT PERJURY, VIOLATE LAWS (Federal and State). This system is BROKEN and they all know it! This system produces HUNDREDS OF BILLIONS of dollars in Federal Funding for the states annually; and infinitely more lining the pockets of the participants (judges, attorneys, social workers, mental health professionals, doctors, pharmaceutical companies, women’s shelters, foster parents, foster care facilities, only to name a few).

It’s time for the wrecking ball to swing the other way and dismantle our current Family Courts as we know it today.

Imagine a right that for nearly a century U.S. courts (including the Supreme Court) have recognized as a constitutionally-protected “fundamental right” which “cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions.”1 Such a right “undeniably warrants deference, and, absent a powerful countervailing interest, protection”.2

Surely such a right would be zealously protected by the courts. And if it were not, we should be outraged.

There is such a right. It receives little protection by our courts. And we should, indeed, be outraged!

Reading the language our courts invoke when discussing parental rights, one would expect those rights to receive vigilant protection from the courts. But, in fact, family law courts across the nation routinely infringe on parental rights with not even a semblance of due process required when restricting fundamental constitutional rights.

This is most clear in the case of the temporary orders courts impose during the pendency of divorce litigation. In nearly all such cases, two parents walk into the courtroom with full parental rights — with full custody of their children. On the basis of unchallenged affidavits or the most cursory of hearings — often lasting only a few minutes — one of those parents walks out of the courtroom without custody — with his or her parental rights severely restricted. That parent, over 85% of the time the father, has lost the legal authority to make decisions for the children — even to sign school permission forms — without due process. This deprivation of rights lasts through the divorce process and typically becomes part of the permanent court orders.

The Supreme Court has declared that parental rights are “fundamental.” What this means — or, rather, what it is supposed to mean — is that the state may not interfere with them unless there is a “compelling state interest” that cannot be achieved otherwise. And, if it is determined that there is such a compelling state interest that requires interference with a fundamental right, the state must choose the least constitutionally offensive way of achieving its purpose.

Now, of course, the state does have a compelling interest in protecting children from harm. This is the basis on which the state removes children from abusive parents. It is also true that some children of divorcing parents might be harmed as a result of both parents retaining custody. But the state is not allowed, on those grounds, to routinely restrict an individual’s fundamental rights. A legal presumption infringing on fundamental rights may not be made simply because it is administratively more efficient and less costly than making an individual determination3 and the state may not adopt a statutory scheme that deprives individuals of rights “without reference to the very factor that the State itself deem[s] fundamental to its statutory scheme.”4

Setting aside the legal jargon, what this means is that if our courts were to “walk the walk” instead of merely “talking the talk” about parental rights, when our two parents enter court to initiate a divorce proceeding, there would be a strong presumption that they would both leave that court with legal custody of the children. What the courts need to decide in most cases is a schedule of physical custody to enforce during the divorce proceedings and how to arrange finances during this period. Courts should deprive one parent of custody during the divorce process only in very exceptional cases, where there is clear and convincing evidence that it is necessary, in this particular case, to prevent harm to the children.

This constitutional argument for a presumption of joint legal custody is not new. When I was doing research for my 1999 paper “Parental Rights and Due Process,” I found several scholarly papers that develop this line of reasoning. Since the publication of my paper, others have taken up this argument, too. I list some of the scholarly articles that develop this argument below for those who want to read more, providing links to articles that are freely available online.

A note of caution, though: While I believe wholeheartedly in the constitutional argument for a presumption of joint legal custody, I do not recommend that divorcing parents rest their case on these legal arguments. For most family law judges and attorneys, constitutional law was just a course they had to take in law school. They are extremely reluctant to accept the fact that there are any significant constitutional restrictions on their discretion. That the constitutional argument is a sound legal argument doesn’t mean that reliance on it is a sound legal strategy in real-life cases.

Disclaimer

We do not advocate violence in any form we are only seeking information.

We are NOT lawyers, We DO NOT give any legal advice and this site is for information only. Nothing here should be construed as legal advice. While we find the information here interesting, we may not be in agreement with everything.
PRIVACY NOTICE:
Warning--any person and/or institution and/or Agent and/or Agency of any governmental structure including but not limited to the United States Federal Government also using or monitoring/using this website or any of its associated websites, you do NOT have my permission to utilize any of my profile information nor any of the content contained herein including, but not limited to my photos, and/ or the comments made about my photo's or any other "picture" art posted on my profile. You are hereby notified that you are strictly prohibited from disclosing, copying, distributing, disseminating, or taking any other action against me with regard to this profile and the contents herein. The foregoing prohibitions also apply to your employee(s), agent(s), student(s) or any personnel under your direction or control. The contents of this profile are private and legally privileged and confidential information, and the violation of my personal privacy is punishable by law.